Introduction: sociology, society, law Part I. Theoretical Foundations of the Sociology of Law: 1. Law and the rise of the social sciences 2. Max Weber on the rationalization of law 3. Emile Durkheim on law and social solidarity Part II. Development and Variations of the Sociology of Law: 4. The theoretical move towards the sociological study of law 5. From sociological jurisprudence to sociology of law 6. Sociology of law and the antinomies of modern thought Part III. Sociological Dimensions of Law: 7. Law and economy: the regulation of the market 8. Law and politics: the role of democratic law 9. Law and integration: the legal profession 10. Law and culture: the balance of values through norms Part IV. Special Problems of Law: 11. Social control: the enforcement of law 12. The globalization of law Conclusion: visions of the sociology of law.

Sociology of Law: Visions of a Scholarly Tradition

/pdf/three-worlds-of-western-punishment-a-regime-theory-of-cross-4n69n2fqhu.pdf

Three Worlds of Western Punishment: A Regime Theory of Cross-National Incarceration Rate Variation, 1960-2002

How do gender relations regulate the American state? To answer this question the author examines archival material on the formation and operation of the Selective Service System during World War I, the understudied federal American draft system. She shows how the federal government vested local draft board members with the authority to determine on a subjective, case-by-case basis whether potential draftees were genuine breadwinners in determining whom to draft and who would receive dependency-based deferments. Informal rules of thumb about the gender-ordered family structured the First World War draft. By analyzing the Selective Service System and by placing feminist political sociology, scholarship in the American political development tradition, and Weberian scholarship on the modern state in critical dialogue with one another, the author identifies how the American state’s locally applied substantive rationality relied on the family’s gender hierarchy in ordering its rational informality. Gender relations thereby rationalized the state’s local informality.

Selective Service, the Gender-Ordered Family, and the Rational Informality of the

This paper outlines a neo-Weberian approach to state-sponsored social closure in professional formation. Despite its advantages, state decision-making is not typically well-defined or examined in neo-Weberian analyses. Neo-Weberianism is differentiated from Max Weber’s own work on social action and rationality, which generally provides a more subtle interpretation of state socio-political processes. The paper explores how policy formation can be more incisively analyzed inside the black box of state decision-making from a Weberian perspective. This is exemplified by the passage of the 1858 Medical Act in the United Kingdom establishing the state-supported medical profession. While further work is necessary in filling in the black box, this paper charts an important future path for neo-Weberian analyses of professions, and their relationship with the state.

/pdf/neo-weberianism-professional-formation-and-the-state-inside-3levx4ro42.pdf

Neo-Weberianism, Professional Formation and the State: Inside the Black Box

China's elaborate system of local mediation committees has piqued researchers' curiosity for decades and sparked an argument in these pages. Crucial questions—concerning how much mediation actually takes place, what kinds of disputes are mediated, who seeks mediation, and how successful it is—have gone unanswered for lack of data. This article addresses these issues using original surveys from Beijing and villages in six provinces, supplemented by participant-observation research on actual instances of mediation. We find that mediation is fairly common in the country-side while occurring in a narrow set of contexts in the city. Those who are actively involved in institutions of grassroots governance are much more likely than others to seek such remedies, and in rural China, women pursue it more than men do. Modernization may diminish the salience of this form of dispute resolution, yet it is far from extinct, even in contemporary society.

/pdf/mediating-the-mediation-debate-conflict-resolution-and-the-1vp222b92d.pdf

Mediating the Mediation Debate Conflict Resolution and the Local State in China

Max Weber's identification of increased rationalization as a master process of change included extensive discussion of legal systems. A cross-classification of rational/irrational and formal/substantive rationality makes some valid analytical distinctions, but neglects a source of legitimate authority for a formally-rational legal system and thus a determination of the goals and values toward which rules are oriented. It also neglects “instrumental” rationality, which Weber recognized in other contexts. A modification of Weber's analytical scheme is proposed, not merely to improve the accuracy of classification of legal orders but more importantly to permit empirical analysis of their dynamics.

Weber's Analysis of Legal Rationalization: A Critique and Constructive Modification

The Comparison of Legal Systems: : a Critique

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Weber's Analysis of Legal Rationalization: A Critique and Constructive Modification

The Comparison of Legal Systems: : a Critique